Hospitality App Supp Faces Scrutiny Over Superannuation Payments

Hospitality Industry

Daniel McBurnie has used the Supp platform since 2021.

In short:

Hospitality workers may not get superannuation if their employer uses Supp to handle pay.

The Fair Work Ombudsman is looking into Supp. Supp's CEO says the app does not misrepresent working relationships.

Think you might be affected?

You can report anonymously to the ombudsman if you think you're affected.

The Fair Work Ombudsman will examine Supp after a worker raised concerns about misclassifying people who use the platform.

Supp is a recruitment app for the hospitality industry, operating since 2017.

Individuals can sign up to the platform and apply for shifts posted by businesses.

Supp was created in 2017 as a hospitality marketplace for businesses and workers.

The Supp website calls workers 'independent contractors' and says they are responsible for their own tax and superannuation.

Supp handles payment on behalf of hospitality businesses, rather than using an ordinary payroll system.

Employment lawyer Fay Calderone is concerned this arrangement may leave workers without correct entitlements, including superannuation.

Ms Calderone says calling someone a contractor does not necessarily mean it is correct.

Fay Calderone says the key legal risk is assuming contractual labels are determinative.

The Fair Work Ombudsman spokesperson says it will make inquiries into Supp.

The spokesperson encourages workers with concerns to contact them directly for assistance.

The FWO has an online anonymous report tool, including options to report in languages other than English.

Concerns about sham contracting in the gig economy have been raised for years.

Supp rejects 'sham contracting' claims.

The Supp website states it has links to at least 15,000 venues and over 200,000 workers.

One Melbourne-based hospitality worker has been using the Supp platform for over three years.

More than 80 per cent of unpaid superannuation goes unrecovered.

The worker believes his job is like that of an employee, rather than a contractor.

He says businesses ask him to do tasks like serving people behind the bar.

Ms Calderone says there are factors to consider when determining if someone is a genuine contractor or an employee.

The question is whether the arrangement reflects a genuinely independent business relationship.

Factors include the degree of control over the worker and whether they can operate an independent business.

Melbourne bakery workers may be owed thousands in unpaid super entitlements.

Supp's CEO Jordan Murray says Supp does not deliberately misrepresent working relationships or facilitate sham contracting.

Supp was built to address problems in hospitality, such as filling short-term gaps through informal networks.

A worker started to get concerned as the Supp app became more popular.

In July 2022, the monthly minimum income threshold for compulsory superannuation was removed.

Supp's CEO says it is not Supp's responsibility to pay superannuation.

Daniel McBurnie says he has never been paid superannuation from his shifts through the Supp platform.

Daniel McBurnie says chasing unpaid superannuation contributions would not be worth his time.

He is worried thousands of workers are missing out on building their retirement savings.

Jarod Graham says he is owed $10,000 in unpaid super from his former boss.

As the Supp app got more popular, Jarod Graham became more concerned.

He noticed more regular shifts being offered on the app.

The Supp app shows some businesses have used the platform to fill thousands of shifts.

Even contractors may be entitled to superannuation in some circumstances.

Ms Calderone says even legitimate contractors may still be entitled to superannuation contributions.

This area is often misunderstood by both businesses and workers.

Superannuation obligations may arise where a contract is wholly or principally for the worker's labour.

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